Santa Ana — 2023-01-17

1.\nCONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to\nParagraph (1) of subdivision (d) of Section 54956.9 of the Government Code:\nA. Derek Bercher v. City of Santa Ana, Matthew Sorenson, Orange County Superior\nCourt, Case No. 30-2021-01212102

2.\nCONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section\n54957.6(a):\nAgency Negotiators: Human Resources Executive Director, Jason Motsick\nEmployee Organizations:\nSanta Ana Police Officers Association (POA)\nService Employees’ International Union (SEIU) Full-Time Employees\nConfidential Association of Santa Ana (CASA)\nSanta Ana Management Association (SAMA)

3.\nPUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code\n54957\nTitle: Clerk of the Council

4.\nCONFERENCE WITH LABOR NEGOTIATOR-Government Code Section 54957.6\nUnrepresented employee: (Clerk of the Council)

5.\nTHREAT TO PUBLIC SERVICES OR FACILITIES pursuant to subdivision (a) of\nSection 54957 of the Government Code:\nConsultation with Santa Ana Police Department, Chief David Valentin\nCLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken\nat the Regular Open Session which will begin immediately following the Closed Session.

1.\nCertificate of Recognition presented by Mayor Pro Tem Lopez to Rachael Cianfrani for\nOutstanding Contributions to the Community.

10.\nAward a Purchase Order to Long Beach BMW Motorcycles in the Amount of $185,639\nfor Six BMW RT-P Motorcycles (Specification No. 22-137) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time purchase and payment of purchase\norder to Long Beach BMW Motorcycles for six (6) BMW RT-P motorcycles, in the\namount of $180,639, plus a contingency of $5,000, for a total amount not to exceed\n$185,639, subject to non-substantive changes approved by the City Manager and City\nAttorney.

11.\nAward Contracts to Dooley Enterprises, Inc. and Miwall Corporation for Training and\nDuty Ammunition in the Annual Aggregate Amount of $105,000 (Specification No. 22-\n153) (General Fund)\nDepartment(s): Police Department\nRecommended Action: Award blanket purchase order contracts to Dooley\nEnterprises, Inc. and Miwall Corporation for training and duty ammunition for a one-\nyear period beginning February 1, 2023 and expiring January 31, 2024, with\nprovisions for two, one-year renewal options exercisable by the City Manager, in an\nannual aggregate amount not to exceed $105,000, subject to non-substantive\nchanges approved by the City Manager and City Attorney.

12.\nApprove an Appropriation Adjustment and Capital Improvement Project Amendment\nfor the King Street Urban Greening Project (Project No. 23-6625) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an appropriation adjustment to recognize\n$1,491,240 in Clean California Local Grant Program funding from the California\nDepartment of Transportation (Caltrans) into the PWA Enterprise Capital Grants, State\nGrant-Direct Revenue Account and appropriate the same amount into the Public\nWorks-Water Quality and Control, Improvements Other Than Building expenditure\naccount. (Requires five affirmative votes)\n2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Project to\ninclude $1,491,240 of funding from the Caltrans Clean California Local Grant Program\nfor the King Street Urban Greening Project.

13.\nApprove Appropriation Adjustment to Recognize Grant Revenue from State of\nCalifornia Resources Recycling & Recovery for Senate Bill 1383 Local Assistance\nGrant in an Amount not to Exceed $435,450\nDepartment(s): Public Works Agency\nRecommended Action: Approve an appropriation adjustment to recognize State of\nCalifornia Resources, Recycling & Recovery (CalRecycle) Senate Bill (SB) 1383 Local\nAssistance Grant Program grant funds in the amount of $435,450 in the PWA Refuse\nEnterprise, State Grant-Direct revenue account and appropriate the same amount to\nthe PWA Refuse Enterprise, Contract Services-Professional expenditure account.\n(Requires five affirmative votes)

14.\nApprove Budget Reallocations and Amendment to the Project Cost Analysis to\nIncrease Project Construction Funding for the South Main Street Corridor\nImprovements Project (Project No. 17-9001, 18-6911, 20-6958, 21-6451, 21-6461, 21-\n6014 & 19-6940) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: 1. Authorize budget reallocation of $435,000 in unspent\nRoad Maintenance and Rehabilitation Account (SB-1) funds from the Bristol Street\nRehabilitation: Santa Clara Avenue to Memory Lane FY 21/22 (No. 22-6990) Project\nto construction funds for Main Street Rehabilitation from Warner Avenue to Edinger\nAvenue (Project No. 20-6958).\n2. Authorize budget reallocation of $435,000 in unspent Road Maintenance and\nRehabilitation Account (SB-1) funds from the Bristol Street Rehabilitation: Santa Clara\nAvenue to Memory Lane FY 21/22 (No. 22-6990) Project to construction funds for\nMain Street Rehabilitation from Dyer Road to Warner Avenue (Project No. 19-6940).\n3. Approve an amendment to the Project Cost Analysis in the amount of $1,320,000\nfor $1,320,000 in additional contingency funds and $250,000 in additional inspection\nand testing. The new estimated total construction delivery cost is $24,325,389.72,\nsubject to non-substantive changes approved by the City Manager and City Attorney.

15.\nApprove an Additional Contingency Funds in the Amount of $165,000 for an Existing\nConstruction Contract with Allinone Construction, Inc., and Additional Contract\nAdministration, Inspection, and Testing in the Amount of $22,500 with an Estimated\nProject Delivery Cost of $764,020 for the Santa Ana City Hall 3rd Floor Tenant\nImprovements Project (Project No. 22-1401) (General Fund).\nDepartment(s): Public Works Agency\nRecommended Action: 1. Approve an amendment to the Project Cost Analysis in the\namount of $187,500 for $165,000 in additional contingency funds and $22,500 in\nadditional contract administration, inspection and testing for a new estimated total\nconstruction delivery cost of $764,020. The new estimated total construction delivery\ncosts include $427,052 for the construction contract, $86,558 for contract\nadministration, inspection and testing, and a $250,410 project contingency for\nunanticipated or unforeseen work, subject to non-substantive changes approved by\nthe City Manager and City Attorney.\n2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program\nfor $187,500, which includes $22,500 in construction engineering funds and $165,000\nfor construction contingency funds, for the City Hall 3rd Floor Tenant Improvements\nProject (22-1401).

16.\nApprove an Appropriation Adjustment Accepting the FY 2022 Patrick Leahy Bulletproof\nVest Partnership Grant\nDepartment(s): Police Department\nRecommended Action: Approve an appropriation adjustment recognizing $14,378 in\ngrant revenue from the U.S. Department of Justice Grants and appropriate same to\nthe Bulletproof Vest Grant expenditure account. (Requires five affirmative votes)

17.\nAmend Agreement with Adams Streeter Civil Engineers, Inc. for On-Call Development\nPlan Checking Services by an Additional $50,000 Annually for the Remainder of the\nAgreement Term (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute an amendment to the\nagreement with Adams Streeter Civil Engineers, Inc. for on-call development plan\nchecking, to increase the amount by $50,000 annually, for a total annual amount not to\nexceed $200,000 for the remainder of the term, subject to non-substantive changes\napproved by the City Manager and City Attorney (Agreement No. 2023-XXX).

18.\nAmend the Agreement with Blueray Management, LLC to Provide Pool Maintenance\nat Various City Pools by Extending the Term for an Additional Six Months and\nIncreasing the Agreement Amount by $200,000 (General Fund).\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute an amendment to the\nagreement with Blueray Management, LLC. to provide pool maintenance services at\nVarious City Pools, to extend the term of the agreement for an additional six-month\nterm beginning January 21, 2023 through June 30, 2023, and increase the amount by\n$200,000, for a total agreement amount of $971,481, subject to non-substantive\nchanges approved by the City Manager and City Attorney (Agreement No. 2023-XXX).

19.\nApprove Purchase Agreement in the Amount of $740,000 for Full Real Property\nAcquisition for Warner Avenue Improvements Phase 2 (Property Owners: Fidel Solis\nand Margarita Solis) (Project No. 18-6901) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute a purchase\nagreement with Fidel Solis and Margarita Solis, for the full acquisition and goodwill (if\nany), of the property located at 909 E. Warner Avenue (APN 016-105-21) in the\namount of $740,000, subject to non-substantive changes approved by the City\nManager and the City Attorney (Agreement No. 2023-XXX).

2.\nProclamation presented by Councilmember Phan declaring January 22, 2023 as Tet /\nLunar New Year.\nCLOSED SESSION REPORT – The City Attorney will report on any action(s) from\nClosed Session.\nPUBLIC COMMENT – Public comments will be held during the beginning of the meeting\nfor ALL comments on agenda and non-agenda items, with the exception of public\nhearings. Comments for public hearings will take place after the hearing is opened.\nCONSENT CALENDAR\nRECOMMENDED ACTION: Approve staff recommendations on the following\nConsent Calendar Items: 3 through 28.

20.\nAmend the Agreement with Alliance Consulting Services, Inc., to Increase the Total\nAgreement Amount by $72,000 for Right-of-Way Coordination Services for the\nRemaining Term of the Agreement (Non-General Fund).\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute the first amendment\nto the agreement with Alliance Consulting Services, Inc. to update the scope of work\nto include additional locations and increase the total compensation amount by\n$72,000 for an updated agreement amount not to exceed $121,500, for the remainder\nof the agreement term expiring June 30, 2025, with two one-year renewal periods,\nsubject to non-substantive changes approved by the City Manager and City Attorney\n(Agreement No. 2023-XXX).

21.\nAmend Agreement with DMS Facility Services, to Increase the Contract Amount by\n$545,800 for Enhanced Landscape Services of City Park and Park Buildings (General\nFund and Parking Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute the third amendment\nto the agreement with DMS Facility Services, to provide landscape maintenance and\nrepairs at City Parks, increasing the amount by $545,800, which includes a $100,000\ncontingency, for the remaining term from January 17, 2023 through January 31, 2024,\nfor a total agreement amount of $16,038,396 subject to non-substantive changes\napproved by the City Manager and the City Attorney (Agreement No. 2023-XXX).

22.\nAmend an Agreement with Bucknam Infrastructure Group, Inc. to Increase the Total\nAgreement Amount by $66,286, for a Total Amount not to Exceed $157,286, for\nPavement Management Program and Geographic Information System Professional\nServices (Non-General Fund) (Project 22-6898)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute an amendment to the\nagreement with Bucknam Infrastructure Group, Inc. to increase the total compensation\nby $66,286, for a total agreement amount not to exceed $157,286, for the remainder\nof the agreement term expiring October 18, 2023, with two one-year renewal periods,\nsubject to non-substantive changes approved by the City Manager and City Attorney\n(Agreement No. 2023-XXX).

23.\nApprove and Amend a Three-year Agreement for Volume Licensing and Maintenance\nfor Microsoft Software and Products through Software One, Inc. for an Amount not to\nExceed $1,500,000 (Non-General Fund)\nDepartment(s): Information Technology\nRecommended Action: Approve and amend an agreement to renew licensing\nsolution provider agreement with Software One, Inc. for the purchase of Microsoft\nsoftware licenses, for a three-year period, beginning February 1, 2023, through\nJanuary 31, 2026, in the amount not to exceed $1,500,000, subject to non-substantive\nchanges approved by the City Manager and City Attorney (Agreement No. 2023-XXX).

24.\nApprove an Amendment to the Agreement with Immigrant Defenders Law Center For\nImmigration Legal Defense Services for a Two-Year Term in an Amount not to Exceed\n$400,000 (General Fund)\nDepartment(s): City Manager Office\nRecommended Action: Authorize the City Manager to execute an amendment to the\nagreement with Immigrant Defenders Law Center to provide immigration legal defense\nservices to Santa Ana residents, for a term beginning February 1, 2023 and ending\nJanuary 31, 2025, in an amount not to exceed $400,000, subject to non-substantive\nchanges approved by the City Manager and City Attorney (Agreement No. 2023-XXX).

25.\nApprove Amendment to the Agreement with The Counseling Team International in the\namount of $6,145 for Law Enforcement Psychological Services (General Fund)\nDepartment(s): Police Department\nRecommended Action: Authorize the City Manager to execute an amendment to the\nagreement with The Counseling Team International in an amount not to exceed\n$6,145 for law enforcement psychological services for a total aggregate amount not to\nexceed $84,145 for the agreement term ending on September 30, 2025, subject to\nnon-substantive changes approved by the City Manager and City Attorney (Agreement\nNo. 2023-XXX).

26.\nCity of Santa Ana Updated Hazard Mitigation Plan\nDepartment(s): Police Department\nRecommended Action: Resolution No. 2023-XXX – Adopt a resolution approving the\nupdated 2022 Hazard Mitigation Plan and direct staff to submit the resolution to the\nFederal Emergency Agency Management Agency (FEMA) for final approval of the\nPlan.

27.\nAdopt a Resolution Approving the Application for Grant Funds from the Urban\nGreening Program\nDepartment(s): Public Works Agency\nRecommended Action: Resolution No. 2023-XXX – Adopt a resolution approving the\napplication for grant funds for Urban Greening Program for the Bristol-Tolliver Street\nUrban Greening Project.

28.\nTeleconferencing for Meetings of City Council and All Boards, Committees, and\nCommissions Pursuant to the Provisions of Assembly Bill 361\nDepartment(s): Clerk of the Council Office\nRecommended Action: Resolution No. 2023-XXX – Adopt a resolution to consider\ncontinuing the use of teleconferencing for City Council, board, committee, and\ncommission meetings pursuant to the provisions of Assembly Bill 361 for the next 30\ndays.

29.\nPolice Oversight Commission Informational Report\nDepartment(s): City Manager Office\nRecommended Action: Accept informational report and provide direction to staff.

3.\nExcused Absences\nDepartment(s): Clerk of the Council\nRecommended Action: Excuse the absent members.

30.\nPublic Hearing: Consider an Ordinance to Disestablish the Downtown Santa Ana\nBusiness Improvement District\nLegal notice published in the Orange County Reporter on January 6, 2023 and notices\nmailed on December 28, 2022.\nDepartment(s): Community Development Agency\nRecommended Action: Approve first reading of an ordinance to disestablish the\nDowntown Santa Ana Business Improvement District.

31.\nPublic Hearing: Adopt a Resolution Authorizing the Condemnation of the Entire Real\nProperty Located at 2245 South Halladay Street (APN 016-105-19), Owned by\nKenneth A. Steele and Ana Steele, Husband and Wife as Joint Tenants, Declaring the\nPublic Necessity and Interest Thereof (Project No. 18-6901) (Non-General Fund)\nNotice of Hearing letter regarding acquisition of real property by eminent domain\nmailed to property owners on December 29, 2022.\nDepartment(s): Public Works Agency\nRecommended Action: Resolution No. 2023-XXX – Adopt a resolution authorizing\nthe condemnation of the entire real property located at 2245 South Halladay Street\n(APN 016-105-19), owned by Kenneth A. Steele and Ana Steele, Husband and Wife\nas joint tenants, declaring the public necessity and interest thereof. (Requires five\naffirmative votes)

32.\nPublic Hearing: Adopt a Resolution Vacating a Portion of Edendale Court behind 1222\nand 1226 South Birch Street, Abandonment 22-01\nLegal notice published in the Orange County Reporter on January 6, 2023 and\nJanuary 13, 2023.\nDepartment(s): Public Works Agency\nRecommended Action: Resolution No. 2023-XXX – Hold a public hearing and adopt\na resolution vacating a portion of Edendale Court behind 1222 and 1226 South Birch\nStreet.

33.\nZoning Ordinance Amendment No. 2022-03: Updates to Various Sections of Chapter\n41 (Zoning) of the Santa Ana Municipal Code (SAMC) Related to Family Daycare,\nRegional Planned Sign Program Regulations, Massage Establishments, Medical\nOffices Operated in the Professional Zone, Retail Uses in Industrial Zones, Trash Bin\nEnclosures, Urban Lot Split and Two-Unit Developments Standards, Various Use\nDefinitions, Regulation of Noxious Uses, Regulation of Electric Fences, Synthetic Turf,\nand Clarifications to Permitting Standards for Light Processing Facilities\nLegal notice published in the Orange County Reporter on January 6, 2023.\nDepartment(s): Planning and Building Agency\nRecommended Action: Adopt an ordinance approving Zoning Ordinance\nAmendment No. 2022-03 to amend various sections of Chapter 41 (Zoning) of the\nSanta Ana Municipal Code (SAMC).\nCOUNCILMEMBER REQUESTED ITEMS

34.\nDiscuss and Consider Directing the City Manager to Direct Staff to Prepare an\nOrdinance Establishing a Senior Citizen Commission – Mayor Amezcua

35.\nDiscuss and Consider Directing the City Manager to Direct Staff to Amend the\nQuantity of Signs to be Installed at a Section of Street Granted a Ceremonial Street\nName in Article XI of the SAMC - Councilmember Bacerra\nCITY MANAGER COMMENTS\nCOUNCIL COMMENTS\nAB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of\nthe Council to provide a brief oral report on attendance of any regional board or commission\nmeeting or any conference, meeting or event attended.\n1. January 17-20, 2023 Mayor Amezcua — The United States Conference of Mayors\nin Washington, D.C.

4.\nAdopt Ordinance No. NS-XXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE\nCITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2022-01\nAMENDING THE ZONING MAP FOR THE PROPERTY LOCATED AT 1700,\n1720, AND 1740 EAST GARRY AVENUE (APN 430-171-07) FROM\nPROFESSIONAL (P) TO LIGHT INDUSTRIAL (M1)\nFirst reading at the December 20, 2022 City Council meeting and approved by a vote\nof 5-0-1-1 (Phan abstain and Lopez absent).\nPublished in the Orange County Reporter on January 6, 2022.\nDepartment(s): Planning and Building Agency\nRecommended Action: Place ordinance on second reading and adopt.

5.\nAppoint Various Boards and Commissions Members Nominated by Mayor\nAmezcua as the Mayoral Representatives for a Full Term Expiring December 10, 2024\nDepartment(s): Clerk of the Council\nRecommended Action: Appoint.\n1. Dr. Susie López-Guerra - Arts and Culture Commission\n2. Selica Diaz - Parks, Recreation and Community Services Commission\n3. Ana Laura Padilla – Community Development Commission\n4. Mario Alvarado – Environmental and Transportation Advisory Commission\n5. Irma Jauregui – Historic Resources Commission

6. Ernie Gomez – Personnel Board

7. Chris Leo – Planning Commission

8. Timothy Johnson – Santa Ana 2018 Measure X Citizens’ Oversight Committee

9. Caylin Vidaurri – Youth Commission\n6.\nHousing Successor Annual Report for FY 2021-22 – Low and Moderate Income\nHousing Asset Fund\nDepartment(s): Community Development Agency\nRecommended Action: Receive and file.\n7.\nAuthorize Exchange of Storm Drain Easements within 1202 West Edinger Avenue\n(Applicants and Owners: Mater Dei High School)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize the City Manager to execute quitclaim deeds\nrelinquishing the City’s interest in drainage easements at 1202 West Edinger Avenue,\nin exchange for replacement storm drain easement.\n8.\nAward a Purchase Order to VMI, Inc in the Amount of $61,319 for Audio Video\nEquipment for the Council Chamber, Playback Room and Control Room (Specification\nNo. 22-162) (General Fund)\nDepartment(s): City Manager Office\nRecommended Action: Authorize a one-time purchase and payment of purchase\norder to VMI, Inc. for the purchase of audio video equipment, in the amount of\n$61,319, subject to non-substantive changes approved by the City Manager and City\nAttorney.\n9.\nAward a Purchase Order to RDO Equipment Co. in the Amount of $201,757 for One\nVermeer Wood Chipper and One Vermeer Stump Grinder for the Public Works\nMaintenance Services – Tree Section (Specification No. 22-171) (Non-General Fund)\nDepartment(s): Public Works Agency\nRecommended Action: Authorize a one-time purchase and payment of purchase\norder to RDO Equipment Co. for the purchase of a Vermeer wood chipper and a\nVermeer stump grinder, in the amount of $191,757, plus a contingency of $10,000, for\na total amount not to exceed $201,757, subject to non-substantive changes approved\nby the City Manager and City Attorney.